Violence Against Women Act (VAWA)

  • Qualifying spousal relationship:
    • Married to a U.S. citizen or permanent resident abuser or
    • Marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing the petition, or
    • Spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
    • Applicant believed to be legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of the abusive spouse.
  • Applicant suffered battery/extreme cruelty by U.S. citizen or permanent resident spouse:
    • Applicant was abused by your U.S. citizen or permanent resident spouse, or
    • Child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
  • Entered into the marriage in good faith, not solely for immigration benefits.
  • Resided with your spouse.
  • Applicant is a person of good moral character.

Eligibility Requirements for a Child

  • Qualifying parent/child relationship:
    • Child of a U.S. citizen or permanent resident abuser, or
    • Child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.
  • Suffered battery/extreme cruelty by your U.S. citizen or permanent resident parent.
  • Resided with your abusive parent.
  • Applicant is a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character.

Eligibility Requirements for a Parent

  • Qualifying parent/son or daughter relationship:
    • Parent of a U.S. citizen son or daughter who is at least 21 years of age when the self-petition is filed, or
    • Parent of a U.S. citizen son or daughter who lost or renounced citizenship status related to an incident of domestic violence, or
    • Parent of a U.S. citizen son or daughter who was at least 21 years of age and who died within 2 years prior to filing the self-petition.
  • Applicant suffered battery or extreme cruelty by your U.S. citizen son or daughter.
  • Applicant resided with the abusive son or daughter.
  • Applicant is a person of good moral character.
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